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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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The recruitment agency i currently work with, Hays, declined

Customer Question

Hi, the recruitment agency i currently work with, Hays, declined on my behalf a job that the Company for which i have interviewed have gave me. What are my legal rights in this situation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What were the reasons for their actions?
Customer: replied 1 year ago.
I have no idea.
Kathryn is saying that Frederick told her that he will let me know about this.
Frederick told me that he new i prefer the second job, for which i will still waiting.
But there is a big difference from having a choice to giving giving up one job.
Customer: replied 1 year ago.
Both Kathryn and Frederck are HAYS agents.
Kathryn was responsible for the job that the company offered me and she declined it.
Frederick was responsible for the other job, that was no1 on my preferences list.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 year ago.
you never formally instructed them on your decision, it was just a preference?
Customer: replied 1 year ago.
Never, the last discussion had with Kathryn was me instructing her to go back to the Company and ask them when is my deadline for submitting a final answer.
The deadline was Friday but she decided with Frederick to decline it.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. In the circumstances you could potentially try and argue that the agency has acted negligently. If you were suitable for the job and it was their job to find you a role, but they reject one without checking with you or having any other reasonable explanation as to why they have done that, it could amount to negligence. In these circumstances you could potentially seek compensation for loss of earnings but be aware that you are unlikely to be able to claim for simple personal preference, just because you would have preferred that job. So if they manage to find you a similar role which pays a similar wage, then you are unlikely to have suffered any significant losses and making a claim would be more difficult. On the other hand if as a result you are left with no job for a while, you could consider the claim for negligence and pursue them for compensation for the period you have been left with no work. Also be aware that you have a duty to reduce your losses so this means finding another job as soon as possible and if you unreasonably refuse suitable jobs it will count against you. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take should you decide to progress the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Customer: replied 1 year ago.
Hi Ben,
Thank you for your advice,
To be clear, Hays has declined the position offered by a Company without having any discussion with me. I have found out about this few days later, when i have contacted the recruitment agent for updates. You can't even imagine the shock i have had. This is not about preferences, this is about the fact that i had got a job with starting date 23/05/2016, paying £30,000/ year and Hays declined that position. I have no other opportunities for now, but i struggle to interview as much as i can.
Interviewing is as well time consuming, lot of learning involved and very expensive. I shouldn't have to go through all this, as i have already got a job. That's why i consider them responsible not for negligence, but for manipulation, hiding the truth and taking decisions on my behalf without consulting me.For now i will keep struggle to interview, as you have advised, but if don't manage to find anything by middle of June, when my colleges and rent are due for payment, i will take actions against them.Thank you for your time and support,Kind regards,
Angela Bulancea
Phone no 0749(###) ###-####
Expert:  Ben Jones replied 1 year ago.
Hi there, you do have 6 years to make a claim for this so there is no immediate rush to do so and I would say that if you wish to try and get a job over the next month or two and failing that you have to pursue them for compensation, it is a sensible idea. As I said the option is there, you just have to ensure you can show that you have tried tour best to try and minimise the effects of this, so basically trying to find a job in the meantime.If your original question has been answered, I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Hi Ben,Thank you for your reply.
Question: if i do not manage to get another job by the end of the month, who will pay for my schools, rent and interviewing? Should i struggle by myself and use credit cards, even if i'm not responsible of being in this situation?
Thank you,
Angela
Expert:  Ben Jones replied 1 year ago.
Hi, please leave your rating for the assistance so far and I will happily answer follow up questions you may have, thank you
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. If you do not get a job then you cannot expect anyone to pay for these automatically. I very much doubt the agency will just agree to do this and they will not be legally obliged to do so anyway. Your rights only extend as far as seeking compensation for the loss of earnings incurred as a result of their alleged negligence. Even then you will likely have to go to court to prove that and get a decision in your favour. So it can be a process that takes time and in the meantime how you pay for these things is sadly up to you, it may indeed have to be credit cards or loans, which you could hopefully pay off if you are successful in getting some compensation back.
Customer: replied 1 year ago.
Hi Ben,
As you have said: "Your rights only extend as far as seeking compensation for the loss of earnings incurred as a result of their alleged negligence. ". Their lack of professionalism cost me a job paying £30,000/year. And this is something i can prove and they have admitted.
For now i will do my best to interview and keep records of all the interviews and people i'm meeting and also on all the expenses i incur.Thank you for your time and kind support,Angela
Expert:  Ben Jones replied 1 year ago.
You are welcome, feel free to get back to me if you need further help, you can always start your question with 'for Ben Jones' Thanks